RECORDING REQUESTED BYCounty of San Mateo
Parcel Nos. 057-153-180
WHEN RECORDED MAIL TO:
Real Property Services
County of San Mateo
455 County Center, 4th Floor
Redwood City, CA 94063
Exempt from recording fees – Government entity exempt under G.C. §6103
This Agreement, Deed and Grant of Easement (“Agreement”) is entered into on this 12th day of July, 2011, by and between OLEG VIGDORCHIK AND VIKTORIYA VIGDORCHIK, husband and wife as community property (“Grantor”) and the COUNTY OF SAN MATEO, a political subdivision of the State of California (“Grantee” or “County”)(hereafter “Parties”);
I. WHEREAS, Grantor is owner of Assessor’s Parcels 057-153-180 and 057-153-460, commonly known as 647 Acacia Lane, Redwood City (the “Property”); and
II. WHEREAS, Grantor has applied for and received tentative approval of a subdivision of the Property, shown on the attached Exhibit C (Tentative Parcel Map) prepared by Dominguez Associates and dated September 10, 2007 (the “Subdivision”), subject to Grantor meeting the conditions of approval as approved by the Zoning Hearing Officer for the Subdivision on January 17, 2008 (PLN 2005-00293), including the granting to the County of an emergency vehicle turnaround easement (the “Easement”), which easement is described in Exhibit A (Legal Description) and Exhibit B (Plat), attached hereto and incorporated herein by reference; and
III. WHEREAS, as a condition of accepting the Easement, Grantee requires that Grantor, at Grantor’s cost and expense, construct emergency vehicle turnaround improvements to Grantee’s satisfaction (the “Improvements”); and
IV. WHEREAS, it is the purpose of the Subdivision Regulations of the County of San Mateo (the “Subdivision Regulations”) to regulate and control the division of land, the movement of lines between parcels, the removal of parcel lines, and the determination of parcel legality within the unincorporated territory of San Mateo; and
V. WHEREAS, Section 7015 of the Subdivision Regulations requires that, upon submitting a parcel map, Grantor submit improvement plans, cost estimates and securities for the construction of said improvements subject to all the terms and conditions of said subdivision approval; and
VI. WHEREAS, Grantor has not submitted plans for said emergency vehicle turnaround easement, and
VII. WHEREAS, Section 7033 of the Subdivision Regulations requires that when plans have not been submitted in accordance with Section 7015, a written agreement may be entered into by the Grantor with the County, and that said agreement shall specify the terms and conditions of the construction of the improvements in conformance with Section 7033 of the Subdivision Regulations.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. The Parties declare that the forgoing Recitals are true and correct.
2. Grantor hereby grants to Grantee a perpetual emergency vehicle turnaround easement for all connected and associated purposes, together with the right of ingress and egress over said Easement for the aforesaid purposes, over, under, and across the Property, which Easement is described in the attached Exhibit A and Exhibit B, and is subject to the conditions set forth in this Agreement and any other existing easements of record.
3. Grantor, at its own cost and expense, shall do all the work and furnish all the labor, materials, equipment and utilities necessary to perform and complete the Improvements in a good workmanlike and substantial manner and to the satisfaction of Grantee, prior to any new development or the construction of any new improvements on the Property.
4. Grantor, prior to commencing construction of the Improvements, shall provide plans and specifications for the Improvements to Grantee and shall pay Grantee the cost of inspecting the Improvements as required in Section 7035.2 of the Subdivision Regulations. An inspection deposit in the amount of One Thousand Dollars ($1,000) shall be paid to Grantee prior to commencing construction of the Improvements.
5. Grantor shall ensure that construction will not adversely affect adjacent properties and roadways and shall take all necessary precautions and actions during the course of construction of the Improvements to prevent erosion or stormwater damage to adjacent properties and the public roadway during inclement weather. It is understood and agreed that in the event of failure on the part of Grantor to prevent erosion or stormwater damage to private properties or the public roadway, Grantee may, but is under no obligation to, do the work on an emergency basis and charge Grantor for the actual costs incurred as set forth in Section 10 below.
6. Grantor accepts complete and sole responsible for all aspects of and costs associated with the Improvements including, but not limited to, the installation, operation, maintenance, and repair of all of the Improvements. Grantor shall maintain all of the Improvements in good condition and repair, and guarantees the same against any defects in material and workmanship until Grantee, by written notification to the property owner listed in the latest Assessor’s records, no longer requires an emergency vehicle turnaround easement at this location.
7. Should legal action be necessary to enforce any provision of this Agreement, Grantor agrees to pay all reasonable attorney fees and costs incurred by Grantee in connection therewith.
8. Grantee shall have the right to require Grantor, at Grantor’s sole cost and expense, to modify the Improvements as reasonably necessary to protect public health and safety. If Grantee determines that modifications are necessary, Grantee shall provide Grantor at least 180 days written notice of the necessary modifications and justification of the necessity of the modifications.
9. Grantor shall take reasonable steps necessary to ensure that the Easement and Improvements remain free of parking and other obstructions at all times.
10. If Grantor fails to complete or maintain the Improvements, correct any defects, make any required modifications, or enforce any of the provisions above within the time period specified herein, Grantee shall have the right to perform, upon 30 days written notice to Grantor, any necessary construction, maintenance or corrective work and recover the full cost and expense of the work from Grantor. Following completion of said work, Grantee shall provide written documentation of the actual costs associated with the work (the “Documentation of Costs”), which shall be due and payable to Grantee within 30 days of the documentation being sent. Annual interest, equal to the prime rate published on the date the Documentation of Costs is sent, shall accrue on all amounts due from 30 days following the date the Documentation of Costs is sent until paid.
11. Grantor releases Grantee from all liability incurred in connection with the Subdivision, Easement or Improvements and shall defend, save harmless and indemnify Grantee, its officers and employees from any and all claims for injuries or damage to persons and/or property and any other liability incurred in connection with any improvements constructed on-site or off-site of the Subdivision and any other terms, conditions or improvements required as part of the Subdivision approval and which result from the acts or omissions of Grantor, its officers, employees, agents and/or subcontractors. The duty of Grantor to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
12. Grantee shall promptly notify Grantor of any claim, action or proceeding arising out of the Subdivision, Easement or Improvements and will cooperate fully in the defense.
13. This Agreement shall be recorded in the Office of the County Recorder and shall constitute notice to all successors and assigns of the title to the Subdivision or any portion thereof of the obligation set forth, and also shall constitute a lien in an amount to fully reimburse Grantee, including interest as above, subject to foreclosure in event of default in payment. Grantor shall submit proof of recording to Grantee prior to recordation of the Subdivision map.
14. This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.
15. The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California.
16. This Agreement shall be deemed and is intended to run with the land and to be a restriction upon the Property, and shall be binding upon and shall inure to the benefit of the Grantor and Grantee and their heirs, representatives, successors and assigns.
17. If any term or provision of this Agreement or the application thereof to any person or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable, unless such court decision defeats the purpose of this Easement, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.
GRANTOR: OLEG VIGDORCHIK AND VIKTORIYA VIGDORCHIK, Husband and Wife as Community Property
GRANTEE: COUNTY OF SAN MATEO, a political subdivision of the State of California
President, Board of Supervisors
Clerk of Said Board
Tentative Parcel Map